Posted on 02/15/2011 6:56:54 AM PST by Ken H
Virginia passes bill imposing up to $2500 fine and possible jail time for boulevard stops.
The Virginia House of Delegates and a state Senate committee approved legislation that would make a rolling right-hand turn on a red light a reckless driving offense. On Thursday the Senate Transportation Committee unanimously approved a bill introduced by Delegate Bill Janis (R-Glen Allen) which the lower chamber had approved by a 67 to 31 margin on February 4.
"Any person who drives a motor vehicle in violation of Section 46.2-833 is guilty of reckless driving," House Bill 1993 states.
Under current law, Section 46.2-833, as referenced above, makes it an infraction either to turn right without stopping on a red light or to enter an intersection a fraction of a second after the light changes to red. The effect of the bill would be to change the penalty for a California stop into a class one misdemeanor carrying six license points, a fine of up to $2500, up to one year in jail and a six-month driver's license suspension. US Department of Transportation statistics show that rolling stops rarely cause accidents (view report).
This outcome is clearly contemplated by the House Courts of Justice Committee which amended the original version of the bill which only sought to impose the reckless penalty on anyone who "unintentionally causes the serious bodily injury or death of another" through red light running. The committee also struck a provision ensuring that the reckless penalty is not applied to infractions detected by a red light camera.
Virginia lawmakers are notorious for turning what other states treat as ordinary traffic infractions into serious misdemeanors. For example, the offense of driving as little as 10 MPH over the limit on some rural interstates may only be charged as reckless driving. Section 46.2-860 of the state code allows police to cite motorists who fail to use a turn signal with reckless driving. In an interview with TheNewspaper, senior Virginia State Police officials confirmed that there are no written guidelines covering offenses that can be treated either as infractions or as reckless driving, leaving police officers free to cite under the reckless statute at their discretion.
The issue came to light in 2007 when the state attempted to impose a mandatory $1050 tax on reckless driving convictions which turned out primarily to involve minor speeding offenses. A bicyclist in Newport News was charged with reckless driving for pedaling too fast. In practice, the state uses the reckless charge to discourage motorists from challenging citations by forcing a plea bargain that is favorable to the state.
A copy of House Bill 1993 in the version as passed by the House, followed by the original version, is available in a 10k PDF file at the source link below.
I thought a California Stop was at a stop sign, not a red light. Most red lights down here in Florida have a green arrow indicating no need to stop.
The Virginia law is probably excessive, but we have now been warned. To avoid the problem, come to a full stop. Don’t exceed the speed limit. If we do that, there is no need to worry about the highway patrol, whether lurking or not.
I nearly slammed into the back of somebody who did this to me - I was going 40 MPH and the light had just changed - my lane was clear, so she didn’t realize I had no need to slow down at all. Then she got pissed at me for honking at her. Dumbarse.
Virginia sees its citizens, and especially non-citizen’s driving through, as a potential revenue stream through excessive fines - and little more.
The “money quote”:
“The committee also struck a provision ensuring that the reckless penalty is not applied to infractions detected by a red light camera”.
(Reckless driving fine) + (red light camera proliferation) = $$$$$$$$$$$
But please recommend Virginia to any liberal drivers!
We love out of state drivers (and you can guess why!)
Out here in California, we call it the “California Roll” because of the connotation to sushi.
Right.
Heck, if they did cite us, we could simply check the Laser Stop Detector device they would have recorded us on.
Oh wait. There's no such thing.
Well, cops NEVER lie, then.
Oh wait, they do.
Well, then we need to shut the f up and lube down.
I agree.
If the light is red, you DO NOT have the right-of-way.
You stop, make sure the path is clear, the turn right with caution.
That’s the way grown-ups do it, anyways.
I really, really don’t need a six year old kid and his bike smashed up under my bumper...
Funny you mention out-of-staters. A few years ago Virginia enacted a law that would impose a $3000 reckless driver fee on someone who was convicted of said offence. The problem was that they could not impose the fee on out-of-state drivers since those cars were not registered in Virginia. The law was ultimately struck down and later repealed for those reasons. What is scary is that the law was never challenged on the grounds that it was cruel and unusual punishment.
I'm convinced that many drivers are unaware that they DO NOT have the right of way when turning right on a red.
The Constitution clearly says there cannot be one set of laws for the residents of the State and another set for residents of other States.
A California tax on vehicles brought in from out of State was found to violate this provision.
No doubt the $3,000 “reckless driving” fee for out of state drivers would have also been found so upon those grounds.
Sounds to me like the State of Virginia just gave their citizens marching orders to immediately start FILMING Public Servants and Public Employees engaged in Reckless Driving. Film the Cop rolling thru a red light to turn right and send to Motor Vehicle Dept and Court and Police Chief for immediate Charges to be filed. DEMAND IT, they are a danger to the community.
Yes. Back to sleep slave.
I’ve worked with this guy on gun rights and motorcycle rights legislation, including helmet law reform (which he supports).
It is disappointing to find out he is as much a two-faced, totalitarian nanny-stater as most of the rest of them...
“If we do that, there is no need to worry about the highway patrol, whether lurking or not.”
Riiight...
This is not what Republicans should be working on.
In neighboring Maryland, there’s a new law requiring oncoming drivers to move from the lane adjacent to a stopped emergency vehicle that is flashing.
I-695, speed cameras are posted in construction zones.
I-95, the bridge and tunnel cops will pull you over for any reason, or a made-up reason. They are keen for drug busts and the ensuing fines and vehicle forfeiture.
It’s a jungle out there.
We are no longer citizens, we are now revenue sources.
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